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(영문) 대구지방법원 2018.05.30 2018노1122
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the lower court rendered by the Defendant (2,000,000 won in penalty) is too unfluent and unreasonable.

2. The crime of this case was committed on the spot by a police officer who received a report of 112 and sent out to the scene, but he was anticipated to go to another person, and obstructed legitimate performance of official duties by exercising a police officer’s direct force on his body, and the crime was committed disadvantageous to the defendant.

However, considering the fact that the defendant recognized the crime of this case and reflected against the defendant, the fact that the victim police officer does not want the punishment, and the fact that there is no record of the same kind of crime in favor of the victim police officer, the defendant's age, sexual conduct, environment, family relationship, circumstances leading to the crime, means and result, and all the sentencing conditions shown in the records and arguments of this case, such as the circumstances after the crime, are appropriate, and the sentencing judgment of the court below exceeded the reasonable limit of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, the prosecutor's above assertion is without merit, since the court below's punishment is too unfasible.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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